More questions on Odicta habeas corpus

After I exposed the circumstances that surrounded the release of Melvin “Boyet” Odicta Sr. on June 7, 1995, particularly on the dubious legality of the writ of habeas corpus issued by Muntinlupa City RTC Branch 276 Judge Norma C. Perello, I was swamped with more leads that raise more questions about the whole affair.

Over coffee, I solicited the view of retired Guimaras RTC Judge Merlin Deloria on whether or not the issuance of a writ of habeas corpus was proper in basically shortening the prison sentence of Odicta, who was convicted for selling marijuana to undercover narcotics agents of the defunct PC/INP way back in March 1993 and sentence to life imprisonment.

At first, Judge Deloria was reluctant to give his opinion. He was totally in the dark about the case, he said. So I outlined to him the facts of the case from the conviction by the Iloilo RTC to the Supreme Court affirmation of the conviction and then the filing of the petition for a writ of habeas corpus.

After I had covered the breadth and length of the case in a span of 10 minutes, Judge Deloria asked me the question: “Where was he detained at the time he filed the petition for a writ of habeas corpus before the Muntinlupa RTC?”

Judge Deloria was once my professor in Taxation in law school, and I always admired his sharp analytical mind that made him one of the favorite professors in all the years he was teaching at the University of San Agustin in Iloilo City.

At once, I saw his brilliant mind at work with that question. The National Bilibid Prison was in Muntinlupa City, making the RTC Branch 276 a proper venue for the filing of such action. But I knew that Odicta wasn’t confined at the Bilibid prison. He was serving his sentence at the Sablayan Penal Colony in Mindoro Occidental.

Judge Deloria’s question tackled the issue of jurisdiction. If Odicta was confined in Mindoro Occidental, then the Muntinlupa RTC had no jurisdiction over him.

The doubtful legality of the writ of habeas corpus as legal basis for Odicta’s release from prison didn’t end there. Judge Deloria said he didn’t think the habeas corpus proceedings was sufficient to overturn the final conviction and sentence to life imprisonment based on R.A. 7659 that revised the schedule of penalties.

There should have been a separate petition for Odicta to avail of the shorter prison term under R.A. 7659, according to Judge Deloria.

With this development, the Aksyon Radyo Iloilo management is planning to file a petition before the Supreme Court seeking the nullification of the writ of habeas corpus. Odicta had filed a libel complaint against anchorman Jun Capulot, station manager and anchorman John Paul Tia and the chief executive officer of Manila Broadcasting Co.

This mulled petition to nullify the writ of habeas corpus may result in Odicta being sent back to prison and wait for a proper judicial order applying the shorter jail term in his favor.